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STATE v. FEESER

No. 33961-7-II.

158 P.3d 616 (2007)

STATE of Washington, Respondent, v. Dwight C. FEESER, Appellant.

Court of Appeals of Washington, Division 2.

May 22, 2007.

Attorney(s) appearing for the Case

Harold S. Menefee, Grays Harbor County Prosecutor's Office, Montesano, WA, for Respondent.

Manek R. Mistry, Jodi R. Backlund, Backlund & Mistry, Olympia, WA, for Appellant.

PUBLISHED IN PART OPINION

HUNT, J.

¶ 1 Dwight C. Feeser appeals his conviction and sentence for second degree murder while armed with a deadly weapon. He argues that (1) the information was insufficient, (2) the instructions improperly relieved the State of its burden of proof because they failed to require the jury to find absence of premeditation as an element of second degree murder, (3) the felony murder statute unconstitutionally violates the separation...

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